7/17/2019

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City of Fayetteville Staff Review Form

2019-0447Legistar File ID

8/6/2019City Council Meeting Date - Agenda Item Only

Fayetteville Park and Recreation recommends approval of the contract with the NWA Trailblazers for implementation of the natural surface trails plan developed for Centennial Park in preparation for the hosting of the 2022 World Cyclocross Championship.

N/A for Non-Agenda Item

Action Recommendation:Submitted By

Ted Jack, Park Planning Superintendent PARKS & RECREATION (520)

Division / Department

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Purchase Order Number:

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Previous Ordinance or Resolution # 64-18, 125-18, 140-19

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Original Contract Number:

MEETING OF AUGUST 6, 2019

TO: Mayor and City Council

THRU: Don Marr, Chief of Staff Connie Edmonston, Parks Director

FROM: Ted Jack, Park Planning Superintendent

DATE: July 17, 2019

SUBJECT: Contract approval with the NWA Trailblazers for implementation of the natural surface trails plan developed for Centennial Park in preparation for the hosting of the 2022 World Cyclocross Championship.

RECOMMENDATION: Park and Recreation staff recommends approval of the contract with the NWA Trailblazers (Trailblazers) for implementation of the natural surface trails plan developed for Centennial Park in preparation for the hosting of the 2022 World Cyclocross Championship.

BACKGROUND: In early 2018, the City of Fayetteville accepted a grant from The Walton Family Foundation, Inc. to purchase approximately 228 acres known as “Centennial Park at Millsap Mountain” for the development and expansion of a soft surface trails system for competitive and general recreation opportunities. As designated in the grant and as planning guidance, the Trailblazers, in conjunction with the City and general public, developed a master plan for the park. This plan was reviewed and approved by Fayetteville City Council on June 4, 2019.

Soon after the City’s acquisition of the property, it was announced the Fayetteville and Centennial Park would host the 2022 World Cyclocross Championship. In order to implement the master plan and prepare the site for the 2022 event, Fayetteville and the Trailblazers have proposed combining efforts for construction of the plan’s phase 1, with the City concentrating efforts on park infrastructure and the Trailblazers concentrating on construction of the soft surface cycling infrastructure.

DISCUSSION: Based on this division of responsibilities, a contract is recommended that details the responsibilities of the City and those of the Trailblazers. The Trailblazers have sufficient resources and funding to construct the necessary soft surface trail improvements as generally outlined in Phase One of the Master Plan for Centennial Park at Millsap Mountain. In addition, the City has sufficient resources to construct the necessary phase one park infrastructure. The purpose of this agreement is to establish the terms by which the Trailblazers will coordinate the management, contracting, and construction of soft surface trails, trail features, and related trail-

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based development at Centennial Park, in preparation for the planned event in 2022. These terms are detailed in the attached agreement between the City of Fayetteville and the NWA Trailblazers.

BUDGET/STAFF IMPACT: There is no city budget associated with this contract to build these trails. Staff will be delegating time to supervise the contract as needed.

Attachments: Contract with NWA TrailblazersResolution 64-18 Resolution 125-18 Resolution 140-19

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CONTRACT

This contract is entered into and agreed to by and between the City of Fayetteville (“City”) and the Bentonville / Bella Vista Trailblazer’s Association (“Trailblazers”), Incorporated, D/B/A NWA Trailblazers.

WHEREAS, the City of Fayetteville accepted a grant and no interest loan from

The Walton Family Foundation to purchase approximately 228 acres known as “Centennial Park at Millsap Mountain” for the development and expansion of soft surface trails, recreation, and tourism; and

WHEREAS, pursuant to stated grant outputs, Trailblazers in coordination with

the City and the public, developed a master plan for Centennial Park at Millsap Mountain (Attachment A) which was approved by the Fayetteville City Council on June 4, 2019; and

WHEREAS, the City and Trailblazers are combining efforts for construction of

phase one improvements at Centennial Park at Millsap Mountain, with the City concentrating efforts on park infrastructure, such as a road and parking lot, and Trailblazers concentrating efforts on soft surface trail cycling infrastructure; and

WHEREAS, the City is hosting the 2022 World Cyclocross Championship and

time is of the essence in preparing the site for hosting the event; and WHEREAS, Trailblazers has sufficient resources and funding to have the

necessary soft surface trail improvements as generally outlined in Phase One (Attachment B) of the Master Plan for Centennial Park at Millsap Mountain constructed; and

WHEREAS, the City has sufficient resources to have the necessary phase one

park infrastructure as generally outlined in Phase One (Attachment B) of the Master Plan for Centennial Park at Millsap Mountain constructed; and

WHEREAS, the purpose of this agreement is to establish the terms for the

Trailblazers to coordinate efforts, including management, contracting, and construction of soft surface trails, trail features, and related development at Centennial Park on Millsap Mountain.

NOW, THEREFORE, IN CONSIDERATION OF AND IN AGREEMENT WITH

ALL OF THE TERMS, CONDITIONS, PROMISES, COVENANTS AND OBLIGATIONS within this agreement, the City and Trailblazers promise and covenant as follows:

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1. Trailblazers agrees that it has the exclusive obligation to timely and satisfactorily perform and accomplish (possibly through its general contractor or contract manager) the following duties and responsibilities related to the design and construction of the phase one soft surface trail infrastructure:

a. Providing the necessary and normal project coordination needed to create

the soft surface trail improvements required to host the 2022 World Championship. Project shall be substantially completed no later than May 31, 2020. Substantial completion shall be defined as the date when the trail system is sufficiently complete to host pubic riding, Cyclocross and mountain bike events and competitions.

b. Providing complete trail design of the overall soft surface trail infrastructure and each component therein;

c. Providing a preliminary long-term maintenance plan and cost estimate for maintenance of the soft surface trail system over a period of five years.

d. Building the trail system and its components to industry standards including standards illustrated in “Lightly on the Land – The Student Conservation Association’s Trailbuilding and Maintenance Manual,” and the USDA Forest Service, Trail Construction and Maintenance Handbook, and “Trail Solutions – The International Mountain Bicycling Association’s Guide to Building Sweet Singletrack.” All trails and features are to be tested to insure they operate properly and as intended before being open to the public.

e. Submitting conceptual plans to the City for review on or before November 1, 2019. Deviating from the master plan must be approved in advance by the City.

f. Working with contractors and subcontractors to reduce environmental impacts to the site during construction, including avoiding existing springs, large trees, and other environmentally sensitive areas.

g. Ensuring signage is in place before the trails are open to the public cautioning the public about the use, risk, and challenges of the trails. Signage shall be coordinated and approved by the City prior to installation.

h. Working to ensure the safety of the public during the construction of the soft surface trail area. Such area may be closed to the public with appropriate warning signage upon authorization by the City Engineer.

i. Coordinating with professional mountain bike riders to field test, inspect and flow check all of the trails and trail race features built for the project.

j. Paying all contractors, subcontractors, materials suppliers and professional service providers in a proper, complete, and timely manner;

k. Resolving, settling, and/or paying all legitimate claims related to the construction of the soft surface trail infrastructure;

l. Paying all applicable taxes on services and equipment related to its obligations in a prompt and full manner;

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m. Maintaining adequate insurance from the date of commencement until the date of acceptance of the work by the City. Trailblazers shall maintain the following minimum amount of insurance coverage:

i. Commercial general liability, $1 million minimum ii. Workers Compensation, as required by state statute

iii. $1 million minimum Commercial automobile liability n. Consulting with the City if any public funds are received for any portion

of the project related to the soft surface trails prior to the expenditure or pledge of such public funds to ensure compliance with all applicable state and local laws.

2. The City of Fayetteville agrees that it shall: a. Provide access to the project site at hours approved by the Parks &

Recreation Director. b. Reasonably cooperate with Trailblazers during the application and

approval process for any required permits if applicable.

3. Trailblazers agrees that the City of Fayetteville has no responsibility or liability for any of the obligations listed in paragraph 1 and that the City of Fayetteville’s responsibility is to manage, coordinate, and fund the construction of the remaining park infrastructure identified in Phase One of the Master Plan as shown on Attachment B.

4. Trailblazers shall follow all federal, state and local laws for the entire contract term of this project including but not limited to applicable licensing and regulations required by the Arkansas Contractor’s Licensing Board.

5. Trailblazers agrees to indemnify and hold harmless the City of Fayetteville, its

officers and employees from any and all claims, demands, liabilities, and costs including attorney fees related to the design and/or construction of the soft surface trails.

6. Trailblazers agrees to fully and promptly comply with the Arkansas Freedom of Information Act and acknowledges that any documents, reports, statements, etc. relating to the use of public funds for this project are subject to the Freedom of Information Act.

In agreement with all the terms, conditions, promises and agreements previously

stated, we sign our names below and expressly covenant that we are legally empowered to bind the entity for which we sign.

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NWA TRAILBLAZERS CITY OF FAYETTEVILLE By: ____________________________ By: __________________________

LIONELD JORDAN R. Erin Rushing_____________ Mayor Printed name

Title: Executive Director___________ Date: _______________________, 2019

WITNESS: ATTEST:

By: ___________________________ _______________________________

Sondra E. Smith, City Clerk

Gina Nida__________________ Date: _____________________, 2019 Printed name

Title: Executive Assistant__________ Date: ______________________, 2019

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Attachment A – Master Plan

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Attachment B – Phase One